A. At the time of committing the instant crime, the Defendant was in a state of mental and physical weakness due to mental illness.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental and physical weakness, it is acknowledged that the Defendant suffered from mental illness such as alcohol alcohol at the time of the instant crime, but in light of the process, process, means and method of the instant crime, the Defendant’s act before and after the instant crime, etc., the Defendant had the weak ability to discern things or make decisions due to mental illness at the time of the instant crime.

Therefore, this part of the defendant's assertion is without merit.

B. As to the wrongful assertion of sentencing, the Defendant recognized the instant crime and reflects it, and the amount of damage caused by the instant crime is not significant, and the Defendant suffers from mental illness, such as proof of alcohol alcohol.

However, the victims did not recover from damage.

Defendant has the ability to be punished for the same kind of crime, and in particular, committed the crime of this case during the period of repeated crime for the same kind of crime.

In addition, the lower court’s sentencing is determined to be appropriate, and it does not seem unfair because it is too unreasonable, in light of the following circumstances, comprehensively takes account of the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as indicated in the previous theory.

Therefore, this part of the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.